KUNHAMMED Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS in this Original Petition seek a writ of mandamus directing the second respondent to give a copy of the order already passed by it on 16-7-1990 and also for a writ or direction restraining the second respondent from proceeding with the rehearing of R. C. 10 of 1989.

(2.) THE case of the petitioners is that R. C. 10 of 1989 was argued before Mr. V. V. Balan, Special Tahsildar (LR) and Land Tribunal, Perambra on 6-7-1990, 11-7-1990 and 16-7-1990 and the case was posted for orders, that they cams to know on 18-7-1990 that Mr. Balan was transferred, that on knowing about it they went to the Land Tribunal and ascertained whether be had pronounced the judgment in R. C. 10 of 1989 and that they came to know that the judgment had already been signed and passed by Mr. Balan. Petitioners stated that they applied for a certified copy of the order and so far they have not received it. They received Ext. P1 notice informing that the case is posted for fresh arguments on 12-12-1990.

(3.) SECOND respondent filed counter affidavit slating that Mr. V. V. Balan the former Special Tahsildar has returned the case file with his findings to his office only on 19-9-1990 and as the judgment showed date 16-7-1990 it was not proper or fair in pronouncing the order with previous date and the case was posted fresh arguments.